tv Americas Newsroom FOX News September 21, 2020 6:00am-9:00am PDT
>> thank you so much for joining us. we'll see you tomorrow. >> so long. >> sandra: fox news alert. president trump says that he is likely to name a replacement for the late justice ruth bader ginsburg this friday or saturday with five names currently under consideration. the debate in the supreme court seat looms large over the capitol and the election. i'm sandra smith. >> trace: good morning, everyone. i'm trace gallagher. the candidates hitting battleground states. joe biden to wisconsin, president trump to ohio. the focus is on who should replace one of the court's strongest liberal voices. president trump said he will nominate a woman to fill
ginsburg's seat. the democrats want the republicans and president to wait. >> president trump: we won the election. we have a lot of time. we won the right to do it. i think it should be -- i think the final vote should be taken before the election. we have plenty of time for that. >> follow your conscience. don't vote to confirm anyone nominated under the circumstances president trump and senator mcconnell have created. don't go there. >> we have options, arrows in our quiver i'm not about to discuss right now. >> there will be a vote. there have been some cases like justice ginsburg where it took less than 44 days. >> she said my most fervent wish is that i will not be replaced until a new president is installed. we believe that. so do the american people. >> sandra: here we go.
byron york with political analysis. we begin with chief white house correspondence john roberts on the president's next move. what are they saying at the white house this morning? >> they're looking forward to the battle. it will be a battle between now and november 3 to try to get justice -- the replacement to justice ginsburg confirmed. the president is taking that message to ohio today as you mentioned. real clear politics average showing him up more than two. in wisconsin biden will be there today. he is up by 7. they'll try to turn it to their advantage. biden campaign turns it to healthcare. democrats will argue putting another conservative on the court will continue the process to overturn obamacare. the president announced that he will announce his nominee on friday or saturday after services for justice ginsburg are complete. the president has said he will pick a woman to replace her and
that the vote should happen before the election. listen here. >> president trump: i think it should go very quickly. we have a lot of time, you know. especially if the people we're talking about, most of them are young and they've gone through the process very recently. >> democrats -- senate majority leader mitch mcconnell will have a vote on the president's nominee even though some republicans including collins of maine and murcowski said, for weeks i have stated i would -- sadly, what was then a hypothetical is now our reality. my position has not changed. democrats meantime vowing to do whatever it takes to block the nominee up to and including moving to impeach president trump again. also threatening if the nomination goes through everything is on the table. here is the minority leader
chuck schumer. >> we have to win the majority before that can happen. once we win the majority, god willing, everything is on the table. as i said, we first have to win the majority. if we don't win the majority the questions are mute. if we win the majority everything is on the table. >> everything is on the table. what does that mean? stacking the supreme court, taking the membership to 12 and seeking state hood to puerto rico, washington, d.c., u.s. territories. guarantee the democrats the white house for decades to come. justice ginsburg from announcing her nomination to confirmation was 50 days. if the president announced this on saturday as he says, there will only be 38 days until november 2, the day before the election. you won't hold a vote on election day. 38 days to get whole process done. not a lot of time. >> sandra: as he said this morning, plenty of time.
we'll have analysis on all that coming up. trace. >> trace: president trump says he plans to nominate a woman to the supreme court. it is believed that amy coney barrett, and alison jones rushing. barrett a mother of 7 served as a clerk for justice scalia. she had a rough go during federal court confirmation hearings with senators sanders and feinstein. one is a columbia law grad -- she was confirmed by an overwhelming 80-15 and alison jones rushing is a favorite of evangelicals. she supported the 1996 defense of marriage act that defined
marriage as a union of one man and one woman. while the late justice ginsburg back in 2016 said the senate should hold supreme court confirmation hearings even in an election year after president obama nominated merrick garland. she called for the senate to move ford telling the new york sometimes that's their job. nothing in the constitution that says the president stops being president in his last year. >> sandra: more on the looming supreme court battle let's bring in byron york. good morning to you. promised our viewers now quickly following the headlines this morning. what do you believe the president's next move will be? >> well, i think he is going to do what he said he is going to do. he is going to nominate someone for the seat, probably from that group that trace just mentioned. and then the process is going
to begin in the senate. i think john roberts is right to say that there is not a whole lot of time to hold a vote but the process will begin. the confirmation process will begin perhaps there will be hearings and it will be a huge issue in the election. you have to remember here this is justice ginsburg was one of the most liberal justices on the court. and a republican president has an opportunity to fill that seat on the court. republicans see an opportunity to change the nature of the court for a very long time. they control the white house, they control the senate, they aren't going to pass that up. >> sandra: a lot of speculation over what we'll see as far as delay tactics on the part of democrats. nancy pelosi in the new interview did not brush off the possibility of impeachment. listen. >> we have a responsibility, we take an oath to protect and defend the constitution of the united states.
we have a responsibility to meet the needs of the american people. that is when we weigh the equities of protecting our democracy it requires us to use every arrow in our quiver. >> sandra: what does that tell you about democrats' next move? >> well, it says that when they say nothing is off the table they mean nothing is off the table. as far as impeachment is concerned, it seems kind of out of left field. you have to remember what we discovered during -- what we learned during the impeachment trial was that the house impeaches the president and that's it. the senate is in charge after that. so theoretically the house could impeach the president but that doesn't make the senate do anything. if you remember, after the house impeached the president last december, nancy pelosi held the articles of impeachment. did not send them over to the senate for weeks.
for reasons that were never entirely clear. she said she wanted to make sure the senate trial was fair. there is precedent for delaying the whole thing. i don't know what she means talking about impeachment. >> sandra: as far as republicans wanting to rush this process through, a lot of words from the past are being played up against current sitting senators like lindsey graham, what they said done and what they're saying now. here is lindsey graham back in 2016. listen. >> let's let the next president, whoever it might be, make that nomination and you could use my words against me and you would be absolutely right. >> sandra: he challenged people play my own words against me. i will support president trump in any effort to move forward regarding the recent vacancy created by the passing of justice ginsburg. byron? >> well, he said it. look, you have to remember in
judicial confirmations hypocrisy reigns on both sides depending on the circumstances. 2016 other republicans made the case they would not confirm president obama's nominee merrick garland because the white house was controlled by one party, the senate by the other party, and they would let the voters decide. that was their case. the fact is we have joe biden on tape saying that he believes the senate should consider a nominee even if it's close to the election. so both sides have quotes from the past that can be used against them because when it comes to nominating the court, both sides practice hypocrisy. >> sandra: here is joe biden's shifting positions over the years. listen to this. >> once the political season is underway, and it is, action on a supreme court nomination must be put off until after the election. if the president consults and cooperates with the senate,
then his nominees may join my support. to jam this nomination through the senate is an exercise? raw political power. >> sandra: oh boy, what do the days and weeks to come look like just over 40 days out? if you didn't see this coming, here we go. >> well, i think vice president biden had it right when he talked about raw political power. in the senate the majority rules. the thing to remember about the senate is all these niceties on the surface. my distinguished colleague or my good friend. behind the scenes it's a knife fight. the majority is going to win on this. and so you have to always remember who is in control and right now that's mitch mcconnell. >> sandra: amy klobuchar and others were pressed on their shifting stance over the weekend as well. great to talk to you this morning. thank you so much.
>> trace: protestors gathering outside the supreme court again today ahead of the nomination battle as the high court prepares for a new term next month with eight justices and some very high profile cases on the docket. david is live for us at the supreme court. what's going on there today? >> no official events at the court today. we expect to see a steady stream of mourners. thousands of people have come over the weekend that started with a few dozen after learning of the late justice's passing friday night and then several thousand over the weekend. those protestors this morning came out about 7:15, 7:20 in front of the supreme court, about 25 to 50 of them came here. the same group that protested outside the home of south carolina senator lindsey graham this morning before coming to the supreme court hanging out here for about an hour. unfortunately this beautiful building behind me has been closed for months because of covid-19. people can't go inside and see but the supreme court shared
with us some photos of the black draping that's on the late justice ginsburg's bench chair. a tradition, trace, dating back to 1873 to honor justices that die while still on the high court. after learning of her death friday night a few dozen people showed up and then several thousand. quite a jux po situation. we're across from the u.s. capitol where the battle will be brewing sandra was talking about with byron. many people this weekend say they've been following ruth bader ginsburg career for years. listen. >> i think she really was not about politics but about rights and women and she really was my hero. >> [inaudible]
>> she died at home peacefully as the jewish new year began. she was a proud jewish woman. she will be laid to rest next to her late husband at arlington national cemetery. as far as a public memorial. those details are not clear. the supreme court hasn't said anything yet in the era of covid. two weeks from today the supreme court term resumes. eight justices. a major hole with the loss of ruth bader ginsburg. it will be an telephone conference between the justices and justice ginsburg for the last few months has been calling in when she was sick in the hospital she had her briefing book in the hospital room with her just to show you how hard she worked, trace. >> trace: huge vacancy.
>> sandra: associated press reporting law enforcement arrested a woman in new york on the new york/canadian border suspected of sending an envelope filled are ricin in the white house canada eggs national police agency originated in canada. the suspect, who hasn't been identified, is expected to face federal charges. >> trace: fox news alert. first came hurricanes laura and sally, now tropical storm beta taking aim at texas. why the name of this storm is so unusual next. plus an epic political battle brewing over filling the vacancy on the nation's high court. democrats oppose doing it before the election. even some republicans say moving forward isn't a good idea. does mitch mcconnell have the votes to confirm a new justice?
ronna mcdaniel will join us straight ahead with that. >> the president is going to make a nomination. i believe it will be this week. and lindsey graham, chairman of the judiciary hearing. we'll hold hearings and a vote on the floor of the united states senate this year. to severe psoriasis, little things can become your big moment. that's why there's otezla. otezla is not a cream. it's a pill that treats plaque psoriasis differently. with otezla, 75% clearer skin is achievable. don't use if you're allergic to otezla. it may cause severe diarrhea, nausea or vomiting. otezla is associated with an increased risk of depression. tell your doctor if you have a history of depression or suicidal thoughts or if these feelings develop. some people taking otezla reported weight loss.
>> trace: we have dramatic vitdio to show you involving a video of life and death. u.s. coast guard saved seven people from a capsized boat off the coast of florida, amazing stuff. >> sandra: it really is greek to all of us. meteorologists have gone to the greek alphabet for naming storms because the list of names for the atlantic 2020 hurricane season has already been used up. meanwhile tropical storm beta is getting closer to the texas coast. it is expected to make landfall later today. threatening to bring flash nooding to areas still recovering from hurricane laura. >> trace: a nail biter for football fans last night. seattle seahawks defeated the patriots. russell wilson's five touchdowns led the team to victory. an amaingz comeback from the dallas cowboys at the last
minute thanks to an onside kick and eye-popping field goal as the cowboys beat the falcons 40-39. which is an amazing thing considering that an onside kick in the nfl has not been recovered in a very long time. >> sandra: don't you have to stop and pinch yourself. we're talking about sports, football? we went so long without it. what a weekend. >> trace: i want to talk later about a quarterback for the philadelphia eagles who got booed even though there were no fans in the stands, which is kind of funny. talk about that later. >> sandra: trace, we'll leave it there. stocks set to tumble this morning. opening bell eight minutes away amid of array of concerns. maria bartiromo, it looks to plunge 500 points. justice department branding new york city an anarchist city.
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with nutrients to help support immune health. >> sandra: the bottom of the hour. time for the top of the news. president trump and joe biden back on the campaign trail with the stakes higher as they battle to replace justice ruth bader ginsburg on the supreme court. >> trace: tropical storm beta heading for landfall later today or tonight in texas with winds up to 50 miles per hour. >> sandra: central california. mandatory evacuation orders as wildfires burn out of control. the august complex fire becomes the largest fire in state history and only 34% contained. >> trace: new york city is now an an ar crist jurisdiction for failing to control violent protests and defunding the
police. laura engel live in mount vernon, new york. laura. >> the announcement coming early this morning from attorney general william barr. naming three major cities across the u.s. which have been rocked over these last few months with violence and protests that have been very hard to contain after the death of george floyd. a major development this morning as we follow this one for you. the justice department labeling new york city, portland, and seattle as anarchist jurisdictions. william barr focusing state and local leaders who he says kept police and other law enforcement agencies from doing their jobs. the statement reads we cannot allow federal tax dollars to be wasted when the safety of the citizens hangs in the balance. it is my hope the cities identified by the department of justice today will reverse course and become serious about performing the basic function of government and start
protecting their own citizens. the white house budget director is expected to issue guidance on how to withdraw the funds from these cities in less than two weeks. barr outlined the criteria of how his department chose the cities including new york saying shootings have been on the rise since looting and protests began on or around may 28th. $1 billion was cut from the nypd 2021 budgeed and the mayor and governor have rejected federal lawens forcement supports. shootings in the big appear will up 166% compared to the same time last year. we've reached out to the mayor of new york city and the governor for comment. waiting on that and we'll bring it to you when we get it. >> trace: laura engel live in new york. thank you. >> sandra: to wall street big sell-off expected this morning as we begin a brand-new week as washington is now consumed by the battle over a supreme court
vacancy. let's bring in maria bartiromo, anchor of mornings with maria on fox business network. eight seconds from now the opening bell will ring and we'll see trading on wall street. a big sell-off is expected. one big point is now that washington is consumed by this vacancy, what will get done as far as stimulus for the american people from the coronavirus? >> that is exactly right, sandra. that is exactly what is behind this major sell-off that we're expecting. the battle over the future of the supreme court will likely impact the legislative agenda. that is one of the main issues that wall street investors and traders are talking about this morning. here is one report from cornerstone macro. the nomination fight will suck up the oxygen in the room. lower the already low odds of a phase four economic package before the election. there is a similar situation. the risk for the financial
companies is that the democrats have a sweep in november that will give them the power to eliminate the filibuster, add four liberal justices to the supreme court. may d.c. and puerto rico states which could add up to four new democrats to the senate. wild speculation going on in terms of what it means for the supreme court, what the november election means for the democrats and whether there will be more democrats on the senate making it even tougher for business, tougher for earnings, and perhaps impact the economy negatively. that's the uncertainty here. that is one of the main issues that we're seeing selling this morning. the supreme court nomination fight is going to basically leave a lot of room to just do nothing but fight. and that leaves the legislative process in question. forget about another stimulus package before the election. now they're questioning whether or not it will even happen before the inauguration. there is also a report this morning that there is
speculation that the major banks blew off all of the rules surrounding money laundering and they moved staggering amounts of money for questionable companies and individuals, perhaps those who were sanctioned, and that's also dragging the banking sector down. that's a leadership group on the down side. you hit it on the head, it is about the uncertainty about the supreme court this morning and the bank stock sell-off. >> sandra: uncertainty around the election, of course, weighing on the minds of wall street. here we are down 440 points and we were clearly seeing an economic recovery. seeing a dow back up of 28,000. the stock market rising and now big questions over a stimulus deal potentially not getting done before the election and what that means. here is usa today this morning. u.s. could double dip recession if congress does not pass new stimulus and it cites multiple economists in the article on
needing stimulus. if they don't approve another stimulus, congress and white house, of course, they are taking a huge risk. the odds are better than even -- than even the economy back slides. as far as expectations were concerned, we were doing quite well. this just changed everything. >> i do think that we're still expecting growth in the second half of the year. most people do still expect a recovery and snapback from the sharp contraction we saw in the second quarter. make no mistake, if we are going to see a stimulus package get harder and harder to get done i am not expecting it before the election. it will impact the economy negatively. maybe not as strong a second half showing than we expected. even more urgent to look at is the election and whether or not joe biden would win. if biden gets in and becomes the president, all bets are off.
wall street models will change. they are going to be taking the earnings expectations lower. remember, part of biden's policy is raising taxes by $4 trillion and raising the corporate tax rate up. that's going to mean lower earnings for corporate america and what drives the stock market. investors are looking ahead. we have a vacancy in the supreme court. that means no phase four. no cares two package. that's a negative. number two, if we are going to see the democrats ramp up and come out in a big way because they're angry over the president naming another supreme court justice, does that help biden? if biden gets in that means a complete change to the president's policies. higher taxes, more expenses, government planning and programs again cutting into earnings for the s&p 500 and sending the stock market lower. >> sandra: so many times when we have spoken around the opening bell on wall street around 9:30 eastern time we
talk about the potential for a vaccine and how wall street was hinging its bets on whether or not we would see a vaccine before the election, before the end of the year. the president said in that new interview this morning he still is looking at end of october before the election at possibly seeing the fda approve a vaccine. what impact is that having? >> well, look, i do think that the expectations are still solid that we will get a vaccine by the end of the year. before the election seems pretty aggressive. having said that this has truly been warp speed. i've never seen the pharmaceutical companies ramp up the way they have as an industry working with the fda to make progress on this. we will see therapeutics before the election. we may get a vaccine before the election. widespread use probably not until year end to next year. there is definitely no pulling back from the optimism and progress we've made on the vaccine. if you are talking about an
enormous policy change in a biden administration and a policy change as a result of four and four on the supreme court, that has the potential to move markets big in a sustainable way. >> sandra: moving markets. markets mofshd moved to their lows of the session. a 2% loss. we'll keep watching it. maria, thank you. trace. >> trace: another weekend of deadly gun violence. multiple shootings in cities across the country adding to the challenges for law enforcement in keeping us safe. details on that still ahead. plus remembering the life and legacy of justice ruth bader ginsburg. ken starr worked with her on the d.c. circuit court and shares his thoughts on the late justice next. but first here is former president bill clinton, who nominated her. >> she was highly respected because she bent over backwards to work with the other judges when she could.
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>> sandra: somber day this monday morning as we mourn the passing of ruth bader ginsburg. ken starr worked with her and wrote an article. ken starr joins us now. former independent counsel and fox news contributor. ken, great to have you here this morning. your reflection. >> my principal reflection what a great human being. her theme that animated her professional life as a judge and lawyer was equality and human dignity. all persons should have the opportunity to try to achieve their dreams and there should
not be impediments and barriers in the law to stopping that, including going to an all-male military institution for higher education. but on a deeply personal level she was a truly great human being, loving and caring, kind and compassionate. those are easy things to say but happen to be true. we have such a great culture so to speak within the court of appeals where we could disagree with one another. it's one of the lessons for the nation. she was never disagreeable. she always respected the viewpoints of those with whom she disagreed. she lamented the way that justice kavanaugh was treated. it was a terrible thing. she knew that it's not always that way. it wasn't that way when she was nominated. may we restore that and return to that beautiful attitude and culture of civility and kindness which she really embodied. >> sandra: so important the hear that. i had an opportunity to sit
down inside the supreme court and interview justice neil gorsuch and he talked a lot about that, about the camaraderie inside the court. listen. >> this is a very small institution. there are nine of us. you are asking about our collegiately of the court. like every court i've been associated with, it is a wonderful place to work. i have wonderful -- we eat lunch together, we go to dinner at one another's homes, we have fun together. we play practical jokes on one another once in a while, we shake hands every time we gather. that's a tradition that has gone on for 150 years. >> sandra: it is so important. we don't often see that side of the justices or inside the court or their camaraderie and the friendship that exists. the president said this morning
he will likely be announcing his pick for the vacancy either friday or saturday. it's the way it has to be. >> sandra: -- >> presidential duty of the highest order. the numbers tell the story. history is a great guide. 29 times we've had a vacancy during an election year and 29 times the president of the united states has made a nomination. many times those nominations have, in fact, been confirmed even after the election. so i think the calls to oh, don't do this and the heavens will fall and all these terrible political consequences will occur and so on is really turning a blind eye to history. and so the president is marching forward to do his
constitutional duty under article ii of the constitution. >> sandra: talk about political consequences being discussed and also threats that we have heard. many are looking to this new interview with nancy pelosi where she was asked about possible impeachment to delay the supreme court justice pick and she didn't brush it off, ken, listen. >> we have a responsibility, we take an oath to protect and defend the constitution of the united states. we have a responsibility to meet the needs of the american people. that is -- when we way the equities of protecting our democracy requires us to use every arrow in our quiver. >> sandra: what did you think when you heard that? >> well, i thought that once again impeachment has become entirely a political weapon. the founding fathers did not intend for that. impeachment was to be an instrument of last resort and
had only been used twice, andrew johnson and richard nixon in our history until the age of impeachment set in. this i think is very unfortunate for the nation and yet the speaker says that she is protecting the constitution. well, it's just the opposite. the constitution is very clear as we just said. this is the president's authority and, in fact, some could say mr. president, you have this obligation. there are eight members of the court now and you need especially during an election year, we know what happened in 2000, you don't dare leave a seat vacant. and sitting justices, including some has said the court doesn't do well with eight justices. it was intended to be a good odd number. so we need that ninth justice. >> sandra: it's fascinating. if i could end on this "wall street journal" op-ed, while
the biden rule doesn't apply in 2020. a fascinating read. if the voters in 2016 and 2018 showed a clear preference for trump nominee's original philosophy neil gorsuch. ken, great to have you here this morning. wonderful to talk to you. trace. >> trace: from the start of the pandemic we were told staying six feet away and social distancing is the key. now the cdc is updating the guidelines. why six feet away may not be good enough. if stress worsens your digestive issues, try new align digestive de-stress. it combines align's probiotic with ashwagandha to help soothe occasional digestive upsets,
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he took matters into his own hands and ripped it open himself. here is the picture that resulted. the hollywood star saying next time he will call an uber and hop the gate. if there is no electricity the gate isn't opening. he can use the muscles in his case and tear it down. >> trace: you have the muscle and monetary it down. it is kind of a high gate. i get it when he said i might have claimed over. just tear the thing down. cdc changing guidance on the coronavirus acknowledging the virus can spread through the air and social distancing and keeping six feet apart may not be sufficient in some indoor environments. let's bring in dr. janet nesheiwat. great to see you. cdc says there is evidence that droplets and airborne particles can be breathed by others and
travel distances beyond six feet during choir practice, restaurants or fitness classes. in general indoor environments without good ventilation increase this risk. and i guess the question would be we've known this for months and months. why is the cdc just getting on board with this now? >> it's always about confirmation, having that data, the studies and science to back up the data. we learn more as we go over the past six months so yes, six feet may not be enough. that's why it is so important to wear your mask. that can potentially help block the viral particles, talking, speaking, sneezing, the particles can get and remain in the air for hours at a time. if someone walks by they can potentially breathe it in and become infected. the key is we need to insure excellent ventilation systems, filtration systems and disinfecting. that's another tool that can
help get rid of this virus, especially indoors and in crowded areas that we should all be avoiding. >> trace: the cdc came out and points to restaurants and bars and fitness centers. you know these businesses are going oh, come on. they are dying on the vine here and what does this mean for them going forward? because you know new regulations will spawn from this. >> what we're doing now is remembering opening slowly, whenever we have a low prevalence of the virus in the community, less than 5% then the restaurants, bars, these sort of indoor areas are allowed to open with limited capacity. starting off with 25% capacity or 50% capacity. initially they started out with outdoor dining only. they need to make sure the level of transmission remains low in the community and we slowly open if we can prove to the community and lawmakers that we can keep the levels low by not crowding close together,
avoiding close contact with one another until at least we get that vaccine on the market which is just around the corner. >> trace: i want to put this up from a harvard doctor talking about masks. cloth masks are not designed to block aerosols and six feet apart may be insufficient especially indoors with poor ventilation. we know now about the six feet, the poor ventilation. the cloth masks. how long before the cdc or somebody else says the cloth masks aren't good enough and now we need to move to better mask systems? >> yes, some cloth masks are insufficient. sometimes you need double or triple layer. let's not get frustrated with the cdc. we're learning more and more over time. as we gather more information, we are expected to make those changes and provide that updated data and information to the public. certain masks will work, certain will not work. sometimes you need the double,
triple layer mask or n-95. the more information we have, the more updates we have, the more we can protect ourselves. i expect more changes and updates to occur in the future. >> trace: i'm sure they will be. always good to see you. thank you very much. >> thank you very much. >> sandra: battle in washington over replacing the late supreme court justice ginsburg is now reshaping the 2020 election. the changing political stakes next. ? nah. ♪ here? nope. ♪ here. ♪ when the middle of nowhere... is somewhere. the all-new chevy trailblazer. ♪
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newsroom." >> supreme court honoring the life of supreme court justice ruth bader ginsburg as the nation mourns her passing. >> debate intensifying whether president trump should fill the seat prior to the election. >> if i win this election president trump's nominee should be withdrawn. >> winds battering galveston, texas as beta reaches the coast. landfall is expected tonight. >> rescue teams on alert. some areas experience flooding. with only get worse with the expect editor ention rainfall. >> what happens is when these area start burning it is dense and difficult to not just get to but also to fight. >> sandra: more on all those stories in a moment. back to our top story this
morning. the battle lines are drawn and fighting has begun as president trump pushes ahead with plans for his third u.s. supreme court nomination following the death of justice ruth bader ginsburg. welcome to a brand-new hour of "america's newsroom" monday morning here. good morning, trace, i'm sandra smith. >> trace: good morning, i'm trace gallagher. president trump says he will wait until after funeral services are over out of respect for ginsburg before announcing his choice to fill her seat. the president says his announcement could come by the end of the week and the vote should happen before the election. >> president trump: we want to have somebody with a lot of talent added to the very talented people we already have on both sides. and it's very important. but you know we won the election and elections have consequences. it is called you pick people for the supreme court. >> her dying wish dictated to her granddaughter as she passed on rosh hashanah was that the voters should choose the next
president. the next president should choose her successor. for republican majority just 44 days before the next presidential election to rush through a new justice in a partisan confirmation process will further divide our country, will further challenge the legitimacy of the court and i think would dishonor justice ginsburg's legacy. >> trace: chad pergram with a look at power politics in the senate. shannon bream has more on what's next and who is in line to fill the vacancy. we begin with chad pergram live for us on capitol hill. is there anything democrats can do to slow down a nominee? >> not really. they certainly can't filibuster a supreme court nominee. that was changed several years ago with neil gorsuch's confirmation. what they can do is word for battle. this is what democrats are doing. taking the issue to the voters. a lot of noise they'll make for republican senators facing competitive reelection bids in
swing states and go after mitch mcconnell. here is chuck schumer. >> if you want to get back at mitch mcconnell's blatant, nasty, hypocrisy, call your senator and tell them not to listen to mitch mcconnell. to do the right thing, stand up, and do just what is fair and right. >> republicans have used the issue of the conservative judiciary to their political advantage for years now. democrats are trying to flip the script on republicans this time around with this confirmation, trace. >> trace: everybody is doing the math. will the senate have the votes to confirm? >> it's unclear. over the weekend susan collins, republican of maine and lisa murcowski from alaska indicated they thought the senate should wait until after the election to deal with this confirmation vote. let me run you through the math. if you have 53 republicans in the senate. are you down to 51 votes.
everyone is focusing on senator mitt romney and republican cory gardner in california. goordner faces a tough reelection bid. the president thinks the supreme court fight will help gardner. >> president trump: susan collins is badly hurt by her statement yesterday and murcowski is hurt. i think this will follow her. >> several instances of the senate confirming supreme court nominees in the election year. justice frank murphy was confirmed in january of 1940. the senate confirmed justice john clark in july of 1916 and this confirmation, this will be the closest ever to a presidential election. trace. >> trace: it will be razor thin. thank you, chad. >> chris, there will be a vote. there have been some cases like justice ginsburg where the nomination and confirmation
process took less than 44 days. other cases where it took longer. too soon to stay right now. we'll move forward without delay. >> sandra: several republican senators are backing mitch mcconnell's promise to fill ginsburg's seat on the supreme court before the upcoming election. shannon bream joins us now. what more are you hearing about that? >> well, you know, we're starting to hear from the left side about what they potentially would put on the table if republicans do move forward. it seems like most of the gop senators that i've talked with are very much behind the plan with senator mcconnell to move ahead from the very beginning. as early as friday night. i was hearing from them saying listen, this is what we are elected to do. what would democrats do if hillary clinton was the president now and senator chuck schumer was the majority leader? that's what i asked senator ben cardin a democrat last night. you have to think whatever power is in the control and the power to move the levers or
bring them to a halt, whether a presidential election year or not they'll take advantage. cardin wouldn't give me a straight answer when i said about the rumors floated talk of impeachment of the president, of the attorney general, talk about packing the court if democrats get control next year or getting rid of the filibuster? he wouldn't address any of those directly but we saw in a press conference last night with senator schumer and congresswoman ocasio-cortez saying everything should be on the table. republicans are coalescing behind mcconnell's plan. >> sandra: as far as democrats's next move. the former press secretary to hillary clinton presidential campaign put this out. this should be the next play he says. oppose trump's nominee prior to
the election, defeat trump on november 3, keep seat open until biden takes office, if gop rams trump's pick through anyway, add seats to the court. this is the play, he says, there is no other play. what more are you hearing about democrats' next move? i heard you mention the impeachment of the a.g., nancy pelosi did not brush those rumors off, shannon. >> uh-huh. you are exactly right, sandra. again when i confronted senator cardin about that. we had calls where schumer said to his democratic colleagues in the senate we'll do whatever we have to do. it could get very ugly next year because payback can be heck as they say. so they're floating a number of things. if they want to be in line with justice ginsburg's wishes we talked about this. she said nine is the right number. she doesn't think packing the court is a good idea regardless who is in charge and that's a
monumental tasks. you haven't changed the number of the supreme court judges in over a century. the constitution doesn't set that number. congress has made changes over the years but not in more than a century. i think that here is the thing. when each party is in control and get rid of some things that are rules and some things that are tradition you change it. you think back to senate majority leader harry reid changing the nuclear option. that led us to now with the judges and how they get through. getting rid of the filibuster you could add d.c. and puerto rico as a state. senators that are permanently attached to those would be new states as well. so there are a lot of things that democrats are threatening to do should they win and basically for both sides when it comes to the court, when it comes to the future of how things work on capitol hill, really there is more riding on this election than there has been in a very long time. >> sandra: the president made news on that idea of impeachment being floated around by democrats and he
responded in the interview with fox and friends this morning. here is the president. >> president trump: if they do i think my numbers will go up and i think we'll win the entire election and win back the house. i think we'll win the house, i think we'll win the house anyway. >> sandra: he did respond to that, shannon. but i want to move on to the "wall street journal" headline why the biden rule doesn't apply in 2020. voters in 2016 and 2018 showed a clear preference to trump nominee's original philosophy. you know like i did back in september had the chance to sit down at the court and interview neil gorsuch. of course the originalist philosophy. talk more about that and what we might see as far as the supreme court pick by the president as a new email just now the president this morning mentioned four or five people he is considering and indirectly mentioned rushing and cripically mentioned a candidate from michigan, a great one from michigan. it could be joan larson.
what can you tell us about that one? >> you know, we have committed to a female nominee. we know that. that whittles down the list. alison jones rushing is very young. starts to make us feel old when you talk about a 38-year-old supreme court nominee but she has a strong background. currently a circuit court judge as many of his nominees are. clerked for justice thomas, worked with very conservative organizations, adf, a group that fights on behalf of religious liberty. they get a lot of heat from the left as being extreme. depends on where you are on the issues. she would be young. amy comey barrett. judge barria lagoa. they have been through a senate vote and vetting in recent years so they have files that are open. not as if the f.b.i. or anyone else needs to vet them or need to start from scratch. they've been through the process in the last couple of years. putting together their record
and looking at them is a quicker exercise this time around. it is a much different actual confirmation hearing this time around despite the fact that they all passed with some measure of bipartisan support. >> sandra: on rushing the president said this morning 38 years old. that means she could be there for 50 years and i'm getting the process through before election day, the president said plenty of time. we'll be watching every moment of it. shannon bream, i know you will, too. thank you, shannon. >> good to see you. >> trace: louisville now on edge with a courthouse and another federal building boarded up ahead of a grand jury decision on breonna taylor coming this week. at least two office buildings will be closed to the public as we wait to find out whether there will be charges against the officers involved in taylor's shooting. breonna taylor died in march when officers charged into her operate and shot her. two men under administrative
leave as the information continues. >> sandra: the judge in the george floyd case has yet to decide whether cameras will be in the courtroom. supporters say it is have complete recordings so people will trust the outcomes. it sparked outrage and protests across the country and the judge yet to rule on whether or not the four will be tried separately or together. all four of them agreed -- it would change how the lawyers present evidence and how witnesses testify. >> trace: another weekend of violence in big u.s. cities including rochester, new york. shots rang out at a background house party killing two people. police haven't made any arrests so far. another violent weekend in chicago. at least 29 shootings leaving 39 people hurt and 6 dead. just since friday. garrett kenny following this in
chicago. what more do you know about these shootings? >> as you mentioned 39 people injured, 6 killed in shootings across the city and once again many of these victims were innocent bystanders sitting on their porch or in their car at a stoplight being caught in the middle of these gun fights breaking out. the victims include a 16-year-old boy who has shot while walking down the sidewalk early saturday morning by a car that was parked in an alley. he was hit in the chest and taken to the hospital in critical condition. we're keeping an eye on the shooting in rochester. police say they're looking for three or four suspects involved in this shooting that happened early saturday morning at a party with more than 100 people there. there was some kind of argument that escalated and three or four people pulled out handguns and started shooting. witnesses describe the scene as chaos with people running all over as dozens of shots were fired. two people were killed and 14 injured. all of them in their late teens
or early 20s. >> this is truly a tragedy. 16 victims is unheard of. and for our community that is going through so much to have to deal with this tragedy needlessly for people who decide to act in a violent manner is unfortunate and shameful. >> here in chicago police have announced plans to add an additional 200 officers to their new community safety team. this afternoon chicago's top cop will be announcing additional plans on how they plan to tackle the violence in the city over the next couple of months. >> trace: a tough one. garrett tenney live in chicago. >> sandra: firefighters getting no help from mother nature in the fight against wildfires in california. one fire recently doubled in size very close to one major city. plus mitch mcconnell says the senate will vote on a trump
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>> to mitch mcconnell, we need to tell him that he is playing with fire. we need to make sure that this vacancy is protected, that our election continues and that the american people have their say. >> sandra: progressive democrat alexandria ocasio-cortez with strong words for mitch mcconnell as congressional democrats push back on his plan to hold a senate vote for president trump's potential pick to replace ruth bader ginsburg. let's bring in aei senior fellow danielle pletka. you made a lot of headlines last week by very openly putting out an opinion piece saying i never considered voting for trump in 2016. i may be forced to vote for him this year. and now this. how does this play into your
decision making when it comes to voting for president trump? >> so one of the things that i tried to lay out was my concern about where the democratic party has gone. a lot of people argue about the election and they have a litany of trump's sins and we don't need to list them all but it is not hard. the problem is donald trump is running against somebody, it is not just a person to be determined later. and the democratic party has moved even in the last year so far to the left. the way that the death of justice ginsburg affects this is frankly that i fear that with the abolition of the filibuster the congress, democratic congress will expand the size of the supreme court and potentially all of our other courts as well. >> sandra: it's a really interesting point to make and interesting to hear from you because the point of your piece was that you fear donald trump and some of the things about
him but he fear the leftward lurch of the democratic party more. marc theesen just put out this tweet. in 2016 over a quarter of trump's voters said the supreme court was the most important factor in their decision to support him. trump's ability to appoint justices was shaping up to be a less powerful argument this time around. not anymore. clearly identifying how much this changes 40 plus days out from election day the race. >> so marc and i together co-host a podcast called what the hell is going on. we're about to put out an interview that we did with a legislative specialist. someone who knows precedent very well. i don't think that most americans realize what congress can do without the filibuster which protects the minority.
it is not just that they can expand the size of the supreme court. let's say that there are six justices to the three liberals for example. the democrats can add five more if they want to balance it out. each of those appointments will be empty. they can change the size of the district courts. they can change the size of the courts of appeal. they can bring new states into. a lot of us believe are constitutional amendments are actually things that congress can do and without the filibuster with the house and senate in the hands of democrats and the white house in the hands of democrats, we're looking at just those kinds of changes to our democracy. >> sandra: danielle, to your point here is chuck schumer making it very clear if we win the majority everything is on the table. listen. >> once we win the majority, god willing, everything is on the table. as i said, we first have to win the majority. if we don't win the majority
the questions are mute. if we win the majority, everything is on the table. >> sandra: final thoughts on that. >> i think people need to expand their understanding of what everything on the table means. it means fundamental changes to our democracy that i think many people, including a lot of moderates, will find very scary. >> sandra: very interesting perspective. glad to have you on this morning. thank you, danielle. >> thanks. >> trace: storm warning and severe weather on the way as tropical storm beta khurns across the gulf of mexico. how folks getting ready. an update on the pandemic progress toward a vaccine and what it means for a return to routine life. [narrator] this is.
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restrictions english is cracking down and violators could be find up to $13,000. >> trace: violence in portland smashing store windows and damaging private property. >> sandra: here comes tropical storm beta. it is slowly moving toward the texas coast now bringing up to 15 inches of rain. the storm surge up to five feet in some coastal areas. >> trace: a woman accused of sending a letter containing ricin to the white house is now in custody according to the associated press. u.s. customs and border protection arrested the unnamed woman at the new york/canada border. she is expected to face federal charges. mark meredith in washington how did officials find this letter? >> all the mail that is sent to the white house is screened before it reaches its destination and appears that's exactly how officials found this letter to begin with. the f.b.i. said federal officers arrested a woman they
believe sent the letter containing ricin. a border official says it was made at the peace bridge in buffalo, new york on the u.s./canada border. the suspect will be making her first court appearance later today. unclear if this will be a virtual or in-person hearing because of covid. associated press reports the mail was addressed to president trump. we're waiting to see what charges this woman will face. officials tell fox news they do expect to release a lot more information later today. not the first time someone sent a letter containing ricin to a u.s. official. it is a poison in many different forms like powder, mists and pellets. whether the person inhales or ingests it. once the charges are brought we'll know more this afternoon. >> trace: thank you.
>> sandra: as scientists race to develop a covid-19 vaccine the u.s. is close to reaching 200,000 deaths. president trump said earlier today he is optimistic about vaccine progress. >> president trump: i would say that you'll have it long before the end of the year, maybe by the end of october. we're doing really well. >> sandra: steve harrigan is live in atlanta for us. what do we know about the timing for a vaccine. >> there is widespread optimism. whose timeline do you trust? bill gates timeline is lowerened president trump's. >> the end of the epidemic best case is probably 2022 but during 2021 the numbers we should be able to drive them down. if we take the global approach. so thank goodness vaccine technology was there. the funding came up, the companies put their best people
on it. that's why i'm optimistic this won't last indefinitely. >> gates has poured more than 650 million into the development of a vaccine. sandra. >> sandra: as the official decibel reaches 200,000, where are the case numbers now? >> despite that grim number as far as testing chief for the administration goes overall across the u.s. new cases are actually declining. >> where we are right now we know so much more than we did early on from the peaks in early and late july. the number of new cases are down by 41% and number of people in icu are down 62%. we have to stay strong and do the things decrease the spread. >> in the west and midwest the numbers are rising in college towns where students are coming back to campuses.
a number of those colleges have canceled spring break to prevent the spread from travel. >> sandra: steve harrigan live in atlanta. thank you. >> trace: parts of texas and louisiana are bracing for floods and damaging storm surge. tropical storm beta going toward a part of the country already battered during a busy hurricane season. let's get to casey stiegel live in galveston, texas. what are conditions looking like now? >> trace, they are starting to deteriorate. it is raining sideways and we've been feeling those tropical storm-force winds starting to come ashore this morning. the good news here is that forecasters with the national hurricane center do not expect tropical storm beta to strengthen any more prior to landfall or reach hurricane status before it comes ashore a little south of us tonight. however, it is expected to drench this region with up to 15 inches of rain in some of
the coastal spots like galveston, the middle part of texas and even into southwest louisiana. a storm surge of up to five feet is projected here for galveston bay. i can already tell you it is causing some flooding in places like high island, texas, and also over in jamaica beach, texas. that's south of us. some schools are closed and voluntary evacuations are in effect for low lying areas. >> it is significant. we asked people to leave. we thought it would be a problem. hopefully they've done that. >> high tides mixed with the incoming surge have already caused a part of the galveston fishing pier on 61st street to come apart. it's a slow-moving system
chugging at 6 miles per hour so it is going to cause those torrential rains and that storm surge. problems for this region for the next 48 hours or so. >> trace: we saw that with hurricane harvey. live on the texas coast. casey, thank you. >> sandra: weather not helping fire crews in los angeles area. gusty winds and low humidity likely causing the bobcat fire to double in size over just the past week. it is only 15% contained. thousands of people northeast of los angeles are under evacuation orders. meanwhile the ongoing west coast wildfires and recent hurricanes in the u.s. are impacting the final weeks of the 2020 census. it's forced thousands from their homes before they could be counted making it difficult and dangerous for census takers for people who didn't respond to their questionnaire. >> trace: a new york city jumped the tracks yesterday and vandalism is to blame.
the train derailed entering a station in manhattan causing extensive damage to the tracks and several support beams. a transit executive describing the scene. watch. >> we have significant damage to the train car itself. we have significant damage to the track bed and track components as well as some damage to the structural steel columns in between the tracks. the sequence of events once police have concluded their investigation we will rerail the incident train. >> trace: none of the injuries were serious. a vandal threw construction equipment on the track. they held the man until police arrived and now charging him. >> sandra: cash on hand. a crucial element of the trump and biden campaigns as we near election day. biden raising much more of it. the president says that is not important. the fundraising impact on the 2020 race next. >> president trump: well,
they've always had more money than the republicans. it is sort of a funny thing. we have a lot. when i ran against crooked hillary, i had 25% of the money that she had. i am robert strickler. i've been involved in communications in the media for 45 years. i've been taking prevagen on a regular basis for at least eight years. for me, the greatest benefit over the years has been that prevagen seems to help me recall things and also think more clearly. and i enthusiastically recommend prevagen. it has helped me an awful lot. prevagen. healthier brain. better life.
>> sandra: one person is dead after a shooting in ohio yesterday in a columbus shopping mall as a gun show was wrapping. witnesses say there was a moment of panic when the first shots were heard. >> somebody came in the front door yelled shots fired and everybody near the front door scattered like mice. everybody anywhere near the front doors scattered. >> sandra: police haven't identified the victim who doid at the scene. an investigation is currently underway. >> president trump: i think we'll do very well. we have a lot of money. we don't need money. we have a lot of money, too. >> trace: president trump down playing the importance of fundraising in the homestretch of the campaign. joe biden holds a significant
financial advantage over the president with six weeks until election day. let's bring in david asman. great to see you. we'll talk campaign finance in a second. i have to get your opinion on the breaking news happening at the corner of wall and broad. the dow is down 844 points. your quick take on this? >> markets and businesses hate the unknown. there is just another unknown factor that was thrown into an already crazy election season which is the death of justice ginsburg. so with the unknown factors and whether or not now nancy pelosi suggested she might throw another impeachment into the mix even though 29 presidents have appointed supreme court justice in the past during an election year, these unknown factors are driving an already over valued -- a lot of people think the market was overvalued. markets always overreact on the
up or down side. it is overreacting on the down side right now. >> trace: let's put these numbers on the screen from august campaign fundraising numbers. the biden campaign pulls in $364.5 million. trump campaign $210 million. here is the thing though, david. back in march the trump campaign was up. the advantage of $170 million. now they're down $141 million. that's a $311 million swing. what changed? >> what changed between march and august was the dnc and biden in particular blaming trump -- donald trump for the coronavirus essentially. blaming him for being unprepared even though he spoke out about it much more strongly than biden did in the beginning stages of the virus. and -- but some of that stuck in the advertising campaigns and speeches that biden has been making. and that led to a lot of fundraising activity on the backs of putting the blame of
the coronavirus totally politicizing the coronavirus. there were a lot of democrats, including the governor of california and new york, governor cuomo praising president trump in the early stages for his work on getting rest pir ateors to new york and more hospital beds. that's what the fundraising was based on. right now cash on hand the biden campaign has $141 million more than the trump campaign. but it was the same during the 2016 election. hillary raised a billion dollars in 2016. trump raised $600 million. a lot less. 25% less. guess who won? >> trace: trump won but here is what's different now. 25% of what she had. but right now back in 2016 president trump, then candidate trump was getting all the television coverage, everybody was covering him non-stop. now they are not. they're not covering him nearly
as much. >> i would disagree with you a bit. the bully pulpit of the presidency and taking advantage of that every chance he gets. you are looking at on your screen right now are the impromptu press conferences that he holds everywhere. on one leg of the trip he will speak to the press. in addition to the various coronavirus pressers that he has and so forth. i think the bully pulpit, he didn't have that remember in 2016. he did have much more press. wherever you hear biden it is always highly scripted. he even scripts the answers to questions he gets supposedly impromptu. again, focus on where that money is going to. biden is spending it as hillary clinton did on television advertising. it did not help hillary. it turned out a lot of the social media stuff that the trump campaign was doing paid off much more than the television advertising than what hillary did in 2016.
if it's a repeat of 2016 it augers in favor of trump because he did better with less money and more focused and targeted money. however, this is one of those years when anything could happen and right now i guess it is always good to have more money than your competitor. as the president said to "fox & friends" this morning his father always told him if you can win by spending less than your competitor you're doing well. >> trace: i want to get your last take on this. biden campaign pulls in $100 million in the past 48 hours because of the death of ruth bader ginsburg. >> well, we always underestimate or at least we do until we're into it the effect of a supreme court justice and the potential of a nomination in the race for the presidency. it is much more important than a lot of people think. a lot of people suspect it had something to do with the trump win in 2016. some people suspect it may have something to do with augering on behalf of biden in 2020.
we'll have to wait and see. it is extraordinary how much money they're making on the death of justice ginsburg. >> trace: always great to see you, my friend. >> sandra: the emmy awards ceremony happened last night virtually, of course, not a surprise in the age of social distancing. not a surprise it turned political. plus lebron james mocking lori loughlin's prison sentence. why he says the whole thing has him laughing. carley shimkus joining us on that and more. >> tech: at safelite, we're committed to taking care of you
with cardboard cut-outs of the come niece. >> trace: jimmie kimmel hosting the emmy awards. it took place with no audience. it didn't stop the political punches that came flying in anyway. carley shimkus joins us now. you knew it would get political and it certainly did. >> i would say the most political award show i've seen in a while since 2017 when meryl streep criticized president trump at the golden globes. since then it has actually decreased but it went out the window yesterday. anti-trump joke after anti-trump joke from jimmie kimmel. a lot of the award winners played it more safe by using their acceptance speeches to simply encourage people to vote. nobody gave an outright endorsement to joe biden. you could tell given the context of what they were saying they certainly weren't encouraging you to vote for president trump. there were more pointed comments like jesse armstrong who accepted an award for
succession. he delivered a list of unthank yous and gave an unthank you to president trump for his, quote, crummy response to the coronavirus pandemic. to sum it up it was very political, like you said. we should expect nothing less it is an election year. if you are a conservative it was not the show for you. >> trace: there was a fire on stage for some reason could not be put out. i want to move on to the lebron james thing. a "vanity fair" article talking about how lori loughlin gets to pick the prison of her choice. lebron james responded saying quoting here of her what? i'm laughing because sometimes you have to just stop from crying. don't make no sense to me. we just want the same treatment if committing the same crime. is that asking too much? i guess it s. we'll keep pushing forward and not expecting the hand-outs.
strong, black and powerful. lebron getting in the mix again which he has done quite often as of late >> i thought it was pretty interesting because these two people. lebron james and lori loughlin comes from such different stratus fears. it is interesting to hear. there are reports that she had a say in where she is going to prison. she chose a low security prison near her home in california. i just spoke to judge napolitano to see how common that is. he says that never happens. those convicted of a crime never get to choose where they go to prison. if this report is true, lebron james does have a point. >> trace: there were a couple of things that worked into that. she picked victorville. it is about 150 miles east of los angeles. not far. they were concerned about coronavirus and where -- lori
loughlin was trying to figure it out. she got to pick her own prison and going to victorville just up the road. what i thought was fascinating carson is a great quarterback. in philly they are tough on you. even when you aren't there they're tough on you. he had a bad game yesterday and was booed, but there were no fans in the stands. >> yeah. that's right. i think we have a clip of that. let's listen to the boos right now. [booing] >> trace: that's tough. >> i like to describe this as the most philadelphia thing ever. keep in mind this is a home game. you essentially have the audio guy at the stadium in philadelphia booing his own quarterback. i saw a lot of comments on social media from eagles fans
they approved of the message. i learned that the audio in the stadium and broadcast audio is different. so apparently carson wentz did not hear those boos. >> trace: see a great quarterback. when the philly sound guy boos you, you know -- >> who knows who was controlling that audio. >> sandra: big talk on wall street. dow tumbling more than 800 points, no stimulus deal. uncertainty over supreme court vacancy. larry kudlow at the top of the hour. for bathroom odors that linger
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it meant so much to nellie, maybe it could mean as much to you... call now and get your free infokit >> sandra: first this hour the supreme showdown as president trump makes it clear he will nominate a replacement for the late justice ginsburg days from now. while democrats say not so fast. promising to do anything and everything they can to stop him including another possible impeachment. here we go. welcome back to "america's newsroom." brand-new hour. hi, trace, i'm sandra smith. >> trace: hello again, hello, everyone. the president calls justice ginsburg a legend and will pick
a new nominee by friday or saturday. democrats saying nothing is off the table to block president trump's nominee. this morning the president doubled down with his push forward. >> president trump: we want to pay respect. it looks like we will have probably services on thursday or friday, as i understand it. i think with all due respect we should wait until the services are over. i'll announce either friday or saturday and then the work begins. hopefully it won't be too much work. these are very qualified people. no matter how you would look at it. >> trace: chief white house correspondent john roberts is live with more. john. >> good morning to you. last friday after the news of ruth bader ginsburg death broke, one republican source told me this is going to be world war iii between now and november 3. battle lines already being drawn. the president likely to make
his pickets friday or saturday of this week depending on the timing for memorial services for ruth bader ginsburg. the president has said he will pick a woman. so far as we understand it, the top three picks are the frontrunners are the pictures are looking left to right you should go right to left here on the far right judge amy comey barrett was a contender when kavanaugh was picked. the next vacancy would likely go to her back then. judge alison rushing of the fourth circuit court of appeals. 38 years old. it would be attractive. she could sit on the bench for 50 years if she stayed as long as ruth bader ginsburg. some concern she may be too young and there in the center judge barbara lagoa from the circuit court of appeals in atlanta. multiple sources are playing down her chances of getting the nomination. only 38 or 39 days to election
day after the expected announcement this week which uld make it an incredibly swift process. the president saying there is lots of time to make it happen. here is what he said earlier this morning. >> president trump: i think it should go very quickly. we have a lot of time, you know, especially the people we're talking about. most of them are young and they have gone through the process very recently >> it is unclear how many republican votes mcconnell will have. collins and murcowski said the next president trump or biden, should make the nomination. so that leaves 51 votes. mcconnell can only afford to lose one more and have mike pence as the tiebreaker. otherwise it goes into negative territory. democrats have vowed to do anything it takes to block a vote considering the idea of another round of impeachment proper sedings against the president. here is what the house speaker said. >> well, we have our options. we have arrows in our quiver
that i'm not about to discuss right now. but the fact is we have a big challenge in our country. >> chuck schumer has threatened if the nomination goes through and democrats win back the senate, quote, all options are on the table which could mean ending the filibuster rule, stacking the supreme court with another at least three members, and maybe start to consider puerto rico and washington, d.c. and maybe some of the u.s. territories for statehood. trace. this will go down roads that we never thought it could. >> trace: you talk about adding more senators, adding more supreme court justices it will be a battle. john roberts live at the white house. >> world war iii. >> sandra: democrats warning mitch mcconnell not to rush a vote on the supreme court nominee threatening revenge if justice ginsburg replacement is seated before inauguration day.
here is congresswoman alexandria ocasio-cortez on that. >> we need to be more courageous and we all must act in unprecedented ways to make sure that our rights are stabilized and for mitch mcconnell, we need to tell him that he is playing with fire. we need to make sure that this vacancy is protected. >> sandra: joining us now judge andrew napolitano, fox news senior judicial analyst and host of the liberty file on fox nation. looking forward to talking to you this morning. thank you for doing this. first off is mitch mcconnell playing with fire as aoc put it? >> well, it really depends upon the mood of the public. does the president have the right to offer a nomination now? of course he does. does the senate have the right to examine that nominee and vote yay or nay on that nominee before election day? of course they do.
the problem that mitch mcconnell faces is the six or so vulnerable republican senators up for reelection who would want to do what they think will help their reelection bid, which means they will take a poll to decide how this goes with fire as well. the idea of impeaching the president in order to prevent him from doing what he has every right under the constitution to do probably will not rest well with the public. what's the impeachable offense? you can't just throw impeachment out there in order to prevent the white house from operating. that would have a very, very serious consequence. it might cause the democrats to lose control of the house. >> sandra: seems to be what nancy pelosi did not brush off in that interview when she was asked about it. here is more from the president on merrick garland and the
differences now. listen to this. >> president trump: so i think merrick garland is an outstanding judge but the only problem was -- this is up to the senate -- the only problem was president obama did not have the senate. we have the presidency, we have the senate, and we have every right to to do it. we ha plenty of time. this took place one day, we had one day or five days or 10 days you could do it then. that would start to look bad. we have tremendous amount of time. i think it should be voted on and done before the election. >> sandra: it's not just donald trump and republicans defending themselves against accusations of hypocrisy. we are seeing that from both sides. but you do have lindsey graham saying play my words against me i'll defend them. here is lindsey graham in a tweet saying i will support president trump with the vacancy with the passing of
justice ginsberg. here he was back in 2016. >> let's let the next president, whoever it might be, make that nomination and you could use my words against me and you would be absolutely right. >> sandra: to be clear, joe biden also is being accused of hypocrisy. we played the tape on that as well. judge. >> well, look, where you stand depends on where you sit so to speak. which side of the aisle you're on. and who has the power to accomplish what they want. at the time that joe biden articulated what has been known to lawyers and judges as the biden rule there was not an opportunity for the person he wanted to be on the court to get there. at the time that lindsey graham articulated the merrick garland rule, he didn't want judge garland to be on the court. this may actually harm senator graham who is in a very tight
reelection race. but i don't think it will change president trump's mind. if you heard president trump on "fox & friends" this morning, you just ran some clips from what he said, he is absolutely determined to make his choice known by the end of the week. if you heard senator mcconnell over the weekend he is absolutely determined to have a vote. now, he will not take that vote if he doesn't have 50 republicans or a combination of 50 republicans -- that produces 50 or 51 because he doesn't want to lose. this is going to be determined by how the public swallows this. should president trump wait until after election day to make the nomination if he wins or to defer to joe biden if he loses? i don't think the president cares about that. i think the president is so determined to get this fifth conservative depending how you
view john roberts, chief justice, five or sixth on the court, that he is going to let the chips fall where they may in terms of what the public wants. >> sandra: judge, the president made it very clear in that interview this morning where he stands and what his next move in. is he moving forward with the nomination process. we know democrats want to try to stop him. what can they do, if anything, to get in the president's way of doing this? >> well, the democrats have a nuclear option, which is to shut down the government. the government's ability to spend money expires on september 30th, which is next week. now, not endorsing a continuing resolution, which is what they call the legislation that authorizes the government to spend money for a finite period of time, shutting down the government in the middle of a presidential election campaign could have catastrophic consequences for the democrats if this is perceived as a
partisan stunt just to prevent the senate from sitting because it doesn't have the funds to turn the electricity on in their offices and in the senate chamber. this may backfire on the democrats just as would some sort of forced not serious but on its face appearing to be serious impeachment of the president. this would backfire on the democrats as well. there is very little they can do other than marshall public support against it or try to pick off a few more republicans as they did with senator collins and murcowski. they only need two more. they have mitt romney out there and probably someone else whose name is escaping me now who would not be pre-disposed toward supporting whoever president trump nominates. >> sandra: great to talk with you this morning. >> trace: funeral arrangements for justice ginsburg are still being worked out. we're learning that she is
expected to lie in repose at the supreme court for two days. those plans apparently include a chance for the public to pay their respects within covid standards. justice ginsburg is expected to be buried at arlington national cemetery later in the week. her late husband, marti ginsburg, was buried there back in 2010. >> sandra: with the sudden vacancy on the supreme court raising the stakes for the 2020 election. leading speculation the battles over the nomination will spill over and impact other issues leading up to november 3. a recent "wall street journal" highlights that reading, quote, supreme court fight complicates coronavirus aid talks, spending bills. white house economic advisor larry kudlow. good morning. i think that is a lot of concern. with this dominating the election atmosphere, what happens to the stimulus talks? >> well look, a couple of things on this. i think the market sell-off today is coming out of london, coming out of britain where
they have had another bounce in the virus and they may close down the economy. i think that's the single biggest factor in the market sell-off plus some continued correction in tech stocks. >> sandra: do you have any direct knowledge that that will happen? >> no, i don't. i don't want to get ahead of that story, either. that's what is coming out. you see reports and discusses. i hope it's not the case. the good news here for us is we're in much better shape on the virus. and our hot spot spikes this summer have calmed down quite a bit in terms of cases and fatalities. i would say our economy is in very good shape at least relatively speaking in terms of a v-shaped recovery. maybe we'll get to that in a minute. your direct question, look, the president will announce his judiciary pick for the supreme court when he is ready to announce it. we have to really respect judge
-- justice ginsburg and may she rest in peace. i think the most immediate issue fiscally is to get a clean, continuing resolution. make sure we keep the government open through the september 30th date. i do think there is some optimism on that package. at least that's what we think. and speaker pelosi has agreed with secretary mnuchin and she is not at all wrong it would be a clean continuing resolution. >> trace: with all due respect, trace gallagher, you are the first one who said that to us this morning. we had maria bartiromo and david asman and their sources say they don't think a coronavirus relief bill and what is dragging the market down is all of this uncertainty with the lack of the bill, the death of ruth bader ginsburg, your thoughts on that. >> trace, i was speaking of the cr, that's a different matter than the so-called stimulus
bill. regarding the stimulus bill, look, that is seeing a slowdown, as everybody knows. we've made four, five, six suggestions, extend the loans to small business, ppp program, assistance to schools, want kids to go back to school. want to help out the small businesses. and we're at loggerheads on some of the key issues. we won't bail out poorly managed states as the president has made clear or their pension funds. it has to be covid-related. the president is open to some help on the direct checks and so forth. we'll see where that goes. we've proposed a payroll tax deferral. i think that's a key part of any discussions. but we'll see. i don't think that's new news, the fact it slowed down. i want to say, look, whatever pessimism comes, you have the we have to fill up the daily news cycle i understand that. the reality is, we are
recovering, thankfully, prayerfully, as more businesses reopen, as the virus is increasingly contained, and the fatalities rates have stayed very low. we are in a v-shaped recovery. at least 20% growth coming up. job numbers have been very good, booming retail sales and housing and autos as the inventory cycle building. these are very positive things and i think that's going to be reflected in the stock market before long. it will go through its correction. i'm not sure that this v-shaped recovery has ever depended on the so-called second stimulus package. i've made that case before. there are things that could help in there which is worth negotiating, but if it can't be done, it can't be done. i think the economy is definitely improving. >> sandra: larry, as you and i both know talking to both people managing risk is the toughest game out there and the risk managers have to look at the potential outcomes of the
upcoming election. how much is the supreme court vacancy changed, altered the outcome of this presidential race? >> well, look, we'll see, okay. we'll see. the president and mcconnell believe the gop has a constitutional right and a political right to go ahead and go forward with replacing justice ginsburg. that's their view. how is that going to affect the election? i don't know. i think conservative justices are in vogue. the president has been very strong on this from day one. he has made good appointments to the supreme court and hundreds of appointments to the lower courts. by and large he is nominating -- i will say by and large. by and large they've been popular choices. the democrats have tried to attack a lot of them unsuccessfully. he has nominated experienced, strong people. the enterprise people. people who don't like a lot of
regulatory interference with businesses. those are big pluses for the economy. >> sandra: one more question. you said it will take care of itself to us when you first responded about the supreme court vacancies. what are you saying? you believe the president has time to get someone through? >> well, i do. i'm not an expert on this. it's not my lane. i think he does. i think senator mcconnell believes the same thing. as i say it will take care of itself. let's see where it goes. the president will nominate when he is ready to nominate and the senate will act accordingly. it's a legislative process. i don't want to get in the middle of any of that. i'm just saying in terms of what i know in terms of the fundamentals of the economy, having gone through bloody hell there is still a lot of hardship out there. the battle is not over, i get that, but we are moving in the right direction. we have a strong v-shaped recovery. it will out perform everybody's expectations. we've seen, by the way, presidential policies on low
taxes and regulations spurring wages growth, family incomes up 9% during the trump years double the prior administration. these factors will all play into the presidential decision. do you want -- do you want an optimistic, strong, low-tax, low-regulation economy that will spur entrepreneur or a development-controlled economy that will produce stagnation. that's the principle frame of this election and i think president trump has the upper hand. >> trace: we have very little time but i want to put up the numbers. cdc came out saying six feet is not enough and pointed out restaurants. 40% restaurants saying operators believe without the stimulus 40% of restaurants could go under. cdc comes out and says you need more than six feet and point out restaurants. it will hurt them even further. what are your thoughts on that, larry? >> i would say, trace, we have from day one wanted to help the
restaurants. now, the restaurant hospitality sector has been one of the strongest job recovery areas. that's good. lower end people are going back to work, good. on the other hand with respect to this so-called stimulus discussions, we have would like to provide assistance to smaller businesses including the restaurant sector. so let's get it done. you know, if we agree on four or five things, why not get it done to help the recovery and to help the restaurants. >> sandra: we have to leave it there. dow off 900 points doesn't worry you, larry the markets interpreting? >> i hate to see it. it's a tough day. corrections come and go but we're still way ahead of where we were late march. we're almost up 50%. let's keep our powder dry. >> sandra: larry kudlow, thank you. >> trace: thank you, larry. the political battle brewing over a sudden supreme court
vacancy. does mitch mcconnell have the votes to confirm a new justice? tom bevan will join us on that next from real clear politics. veterans who refi now can save three thousand dollars a year. with newday's va streamline refi, there's no income verification, no appraisal and no out of pocket costs. one call can save you $3000 a year. $3000! that's a big deal. +mdjélt(o-:bd1!@é,úc @: #fc!a=s the freestyle libre 14 managday system...etes can be hard. - a continuous glucose monitor - ...makes it easy. easy to check your glucose without fingersticks, and easy to share your data with your doctor. and for those who qualify, the freestyle libre 14 day system, is also covered by medicare. ask your doctor for a prescription.
the supreme court just putting out a press release that justice ruth bader gins will lie in repose at the supreme court of the united states on wednesday, september 23 and thursday, september 24 this week. the casket will be arriving in front of the court 9:30 a.m. on wednesday, a private ceremony will take place in the great hall at 9:30 attended by ginsburg's family, close friends and members of the court. there will be a private ceremony inside and she will lie in repose under the portico on the front steps of the building to allow public viewing outdoors. full coverage of all of this beginning wednesday morning here on the fox news channel and a private burial service will be happening next week at arlington national cemetery. we will have more on this in just a few moments. >> trace: senate majority leader mitch mcconnell is
trying to secure enough republican votes to replace justice ginsburg but it could be very close. susan collins and lisa murcowski say they oppose filling the vacancy before election day. tom bevan is here founder and ceo of real clear politics. if you do the math, thank you for joining us, appreciate it. if you do the math you have murcowski and collins apparently nos, you come down to cory gardner and mitt romney up in the air right now. it will be very, very tight. then you have the martha mcsally race in arizona where if she loses to mark kelly they could actually -- mark kelly could take over that position by november 30th that changes the dynamic even further. >> politics are very dicey. cory gardner in a competitive senate race that hasn't announced. susan collins is against. all the other republicans in tight races, joni ernst and thom tillis have said they're
in favor of moving forward. are you left with cory gardner and mitt romney. the folks everybody is talking about. again, mcconnell can lose three and still have vice president mike pence be a tiebreaker. that would be -- add even more fuel to the fire in terms of this being along partisan lines. >> trace: i want to play the sound bite from the president talking about collins and murcowski and get your thoughts on the flip side. >> president trump: i think susan collins is very badly hurt by her statement yesterday and i think -- i think murcowski is very badly hurt. she doesn't run for two years but i think this will follow her into the beautiful -- it is a beautiful state of alaska. >> trace: does it hurt their respective races or change their respective races how they come down on this one? >> well, each of these senators is making their own political calculations. susan collins thinks it will benefit her. again, by coming out and making
that statement, she has risked turning off all of the trump voters that -- the base of the republican party in maine. a state especially the second congressional district that went for trump in 2016. so i think the calculation that the other senators are making as i mentioned earlier is that it's absolutely in their interest to be on board in a presidential election year and not to face the ier of the base of the republican party. it's what trump ran on. to not go forward with the nomination for most republicans would be seen as a real detriment. >> trace: i want to put this on the screen. fox news poll trusting who do you think would do a better job on supreme court nominations and this one -- we should note this was september 7-10. this, of course, preceded the death of ruth bader ginsburg, biden leading by seven points.
52 to 45%. he is arguing that we should let the voters decide who should pick the next supreme court justice. others say the voters did decide. they put president trump in office four years ago. they made republican senators the majority. voters have decided and these people are still on the clock. >> that's right. look, again, th's what republican political candidates are basing cisions on. and while the democrats are suggesting that what happened with merrick garland in 2016 mitch mcconnell is arguing when the party controls the white house and senate, that is the distinction. that's the difference between the two cases. democrats dismiss that. as far as republicans are concerned, there is no problem with moving forward with this nomination. again, we don't know how the public will digest it and how it might happen with the november 3 and beyond.
>> trace: some say gorsuch and kavanaugh are not -- they want stronger commitments to social traditionalism before they can support the nominee trump is expected to announce this week. they want someone who is guaranteed to come down on the conservative side. >> both sides i think conservatives in particular based ton david souter nomination and the disappointment they've had even recently with folks like john roberts always want to try to make sure their nominees are conservative as possible. the people trump indicated most conservatives don't have issues with believing they'll be the right kind of judge on the supreme court. >> trace: thank you, sir. >> sandra: democrats say all options are on the table to block the confirmation of a new supreme court justice before election day. to severe psoriasis,
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announce his nominee for the supreme court friday or saturday. he wants a confirmation vote before election day. democrats say all options are on the table to block that from happening. one such option adding for justices to the nine-member court. something considered radical when fdr pushed it 85 years ago. the editorial board of the "wall street journal" writes court packing shouldn't seem extreme considering democrats' history of breaking unspoken rules. dan henninger is the deputy editor of the editorial page fox news contributor. should we be surprised? >> not in the left bit. the surprises stopped in 1987 when ronald reagan nominated robert bork to the supreme court and it gave us the destruction of robert bork's reputation by people like senator ted kennedy. he was dragged through the mud
and that became routine breaking that norm for democrats. they did the same thing to clarence thomas. he was smeared. it happened to samuel alito, accused of belonging to a racist club in his princeton days and we know what happened to brett kavanaugh. no such thing happened when sonia sotomayor was nominated to the supreme court. she got nine republican votes. nor did it happen to ruth bader ginsburg, steven breyer or kagan. that attacking supreme court justices personal on their character and so forth started with the democrats. let me quickly add as well the filibustering they did of george w. bush's appel yat court nominees. that broke another norm. followed by harry reid breaking the filibuster to pack the district court with three judges who were going to approve barack obama's regulatory changes, the famous
pen and phone. the democrats have been breaking norms for several decades now, sandra. and the idea they would pack the court is just more of the same. >> sandra: dan, we heard from the president this morning saying that there is plenty of time to get this done, to get a new justice through. do you see it the same way. is there time? >> well, i think -- i wouldn't say plenty of time. i think there is about -- they can do it before the election or after the election. sandra, i'm in the camp that thinks the republicans and president should put this through before the election. because the country is going to be going through enough after this election. we've been talking about this for weeks with the mail-in ballots, the closeness of the election in five or six states in terms of norm breaking, i think the democrats generally intend to contest the legitimacy of the election if donald trump is declared the winner. in fact, they've been challenging legitimacy of the
trump presidency since he won it four years ago. i expect that to continue. i would rather not see the legitimacy of the supreme court thrown into the mix between the election and early next year. i think they should get the nomination to the supreme court justice bebehind them and get that justice on the court to decide some of these inevitable cases coming up about the results of the election. >> sandra: i think that is key when you put up on the screen here how "politico" is writing about this this morning. it gives the gop -- what this means for likely disputes following this election, dan, final thoughts. >> yeah. i think the disputes will be inevitable if they don't nominate and confirm a new justice you'll have a 4-4 vote. if indeed justice roberts votes with the conservatives.
if you end up with 4-4 votes it makes the supreme court on the election results, it makes the supreme court itself look like a dysfunctional institution and at this point, sandra, i think that's the last institution we need to add to the rest of our dysfunctional institutions. >> sandra: appreciate your time this morning. thank you, dan. >> trace: developing now the united nations general assembly starts in new york trump administration targeting members of iran's military and people tied to the nuclear program as u.s. diplomats make a new push at the united nation in new york city to rally the world to reimpose full u.n. sanctions. earlier this year iran's government confirmed it would no longer limit its uranium production to limits set by the original agreement. tropical storm beta is barreling towards texas with landfall expected hours from
now. will it strengthen into a hurricane by then? plus she is said to be the frontrunner to replace the late supreme court justice ruth bader ginsburg. we'll take a look at amy comey barrett's judicial record and the objection democrats might have for it. >> president trump: we're looking for someone who a brilliant, understands the law and abides by the constitution. and a good person. instantly clear every day congestion
for drug free relief that works fast. vicks sinex. instantly clear everyday congestion. >> president trump: they're actually five i'm looking at. down to five and we're -- it could be any one of them. they would all be great. to get on that list they're great people. >> sandra: amy comey barrett is thought to be the frontrunner. what would be the objection to her from democrats and could they get enough votes to deny her a senate confirmation? with us now is matt bennett.
co-founder of third way and also served in the clinton white house. great for you to join us. put the "washington post" op-ed on the screen and get your reaction. there is much more to -- as trump weighs his selection. a quick review said conservatives should be -- by the barrett record in his first years as a judge. what they are pointing to is that she reportedly ruled against abortion rights in a couple of cases. your thoughts on amy comey barrett. >> well, you know, in the last 40 years abortion rights is the first question asked about a potential nominee of the supreme court. actually i think in this moment the more important thing about her record is that she is on record saying the supreme court wrongly decided the affordable care act with chief justice voting with the majority and critical of the chief justice. that's the bigger issue.
we're in the middle of a pandemic. 7 million have had covid and they have a pre-existing condition that would bar them from getting insurance if the aca goes away and if she is on the court and rules as she is written. >> trace: it's interesting you say that. other groups come out and don't think -- they all lean toward roe vs. wade and that what will engender the most support or pushback on this. in fact, the susan b. anthony lists says the perfect combination of woman who brings the argument to the court that is potentially the contrary to the views of the sitting women justices. and the alliance for justice goes on to say amy comey barrett meets donald trump's two litmus test. invalidate the aca, and take
healthcare away from millions of people and undermine a woman's reproductive freedom. this will be a battle. >> for sure. so look, i am aligned along with everybody else in the democratic politics about her views on roe vs. wade and the fear that we would now have at least a 5-4 majority if she were on the court to overrule it. the other thing alarming about her opinion about roe and the cases since roe. she is of the view that the principle of respect for settled case law, which chief justice roberts have cited many times is very important to them is only important to her and so she is going to be -- would be a real judicial activist on the court and after we've heard for decades the conservatives don't want judicial activism here they are applauding someone saying that's what she is going to bring. >> trace: how do you stop this?
we've heard nancy pelosi saying we'll maybe impeach the president again, another round of that. the math here has to be a concern. i know lisa murcowski and susan collins said they won't be signing on to this. beyond that, it looks to be in dangerous territory for democrats as far as this confirmation goes going forward. final thoughts. >> it is, no question. they've got a majority and only two republicans out of the four we would need to stop it have come out to say they would stand against this incredibly ridiculous hypocritical power grab after what republicans did to merrick garland. it will be hard to stop this. i think what your viewers need to understand is that means 7 million more people with pre-existing conditions and 20 million others who have affordable care act are in incredible danger because of this right now. >> trace: to clarify republicans say the difference
being back in 2016 a republicans controlled the aen at and democrat in the white house and now it's different. matt bennett. great to see you. thank you, sir. >> my pleasure, thanks. >> trace: sandra. >> sandra: experts agree that west coast wildfires will get even worse but they don't all agree on the reasoning. the growing debate next.
passing of justice ginsburg and the new vacancy in the supreme court all of that uncertainty and more is weighing on the u.s. stock market this morning, trace as you look at a drop of nearly 3%. >> trace: the whole thing. uncertainty. they hate it. >> sandra: the dow was off 3.4% low of the day. we spoke to larry kudlow a bit earlier. really interesting what he had to say. he said this sell-off today is a result of britain maybe having to close down their economy because of a fear of a second wave. he stressed we're still in a v-shaped recovery. you've heard that from him and the president himself. more stimulus is a big question whether or not it happens. there is still a lot of pain out there. >> trace: look at the coronavirus cases keep going
down and the economy keeps going up is good news for the president. that was before we lost ruth bader ginsburg. meantime, new details this hour. ruth bader ginsburg will lie in repose at the supreme court wednesday and thursday. we'll have new details from washington just ahead. t's what we're doing. we put our arm around the veterans. when i think of the veteran out there that needs to refi his home, he may want to purchase, we can help them and provide that financial solution for they and their families. it's a great rewarding feeling. everybody in the company, they have that deference and that respect and that love for the veteran that makes this company so unique.
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capital. there will be a lot of activities this week in tribute to her. >> and her burial next week at arlington cemetery, we will have it all here and cover it all week for you. that was monday morning, we will see you back here tomorrow morning. thank you everyone, "outnumbered" starts now. >> melissa: fox news alert, president trump says he is announcing his pick for the supreme court friday or saturday, after funeral services for the late justice ruth bader ginsburg. he says he's whittled down the list to four or five people, and that a vote should come before the election which is now just 43 days away, in case you are keeping track. democrats on the hill say the next elected president should be the one to fill the vacant seat. some republicans said in 2016 after the death of justice antonin scalia. republicans in the senate say they will vote when president trump eventually